JOTHI SUSAN JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a graduate in Medical Science. She participated in the National Eligibility cum Entrance Test, post graduate 2013 and was ranked 12244 at the all India level and 1113 at the Kerala State level. In Ext.P1 prospectus, which governed admission to Medical Post Graduate Degree/Diploma Courses for the the academic year 2013, there is a condition in Clause XIII thereof which mandates that if a Post Graduate student including Service Quota candidate discontinues the P.G course after final Centralised Allotment Process, he/she shall have to pay Rs.20 lakhs as liquidated damages and also refund the stipend/salary already received. It is made clear in the prospectus that a candidate leaving one course to join another, before or during the final Centralised Allotment Process, will not be liable to pay liquidated damages.

(2.) THE petitioner approached this Court at a time when she had pursuant to the initial allotment under the Centralised Allotment Process, been offered a seat at the Government Medical College, Trivandum, the 5th respondent in the writ petition. It is submitted by counsel for the petitioner that thereafter pursuant to the exercise of a higher option that was made available to her, she opted for the Government Medical College, Kottayam, the 6th respondent herein and took steps to get her transfer to the 6th respondent College. At that stage, the 3rd and 5th respondents informed the petitioner that her request for transfer to the 6th respondent College would not be considered unless she complied with the requirement of payment of liquidated damages as contemplated in Ext.P1 prospectus. The said stand taken by the 3rd and 5th respondents, was on the assumption that in the Centralised Allotment Process had been completed by that time. The petitioner relies on Ext.P2 order of the Supreme Court whereby the time for completion of the 4th round of On -line Allotment Process was extended by the Supreme Court from the earlier deadline of 31st July, 2013 to 21st August, 2013. It is the petitioner's case that she had exercised her higher option, for moving from the 5th respondent College to the 6th respondent College, during the 4th round allotment, and within the period contemplated in Ext.P2 order of the Supreme Court.